[pct-l] Letter of the Law

[CMountainDave at aol.com (CMountainDave@aol.com)]

In a message dated 3/20/04 10:56:12 AM, hikerrobbie@yahoo.com writes:

<< Does the Wilderness Act apply to National Parks? My understanding is 
Olympic Nat. Parks wilderness areas are designated by the Park Service. Designated 
wilderness outside National Park units is Congressionally designated. This may 
be why power tools are allowed in National Park wilderness areas and not in 
non national park  wilderness areas.
 >>

The following is also from the Wilderness Act of 1964:

(3) Nothing in this Act shall modify the statutory authority under which 
units of the national park system are created. Further, the designation of any 
area of any park, monument, or other unit of the national park system as a 
wilderness area pursuant to this Act shall in no manner lower the standards evolved 
for the use and preservation of such park, monument, 
  This is why dogs are allowed in wilderness areas outside of National Parks 
but not in wilderness areas inside National Parks. A higher standard within a 
National Park trumps the lower standard outside the Park. The National Park 
may chose to be more restrictive than a wilderness area if it so chooses. It may 
NOT lower the standards of wilderness areas, but it may raise them. It is 
also the reason no hunting is allowed in National Parks, while it is in Forest 
Service wilderness areas
  So it appears the use of power tools to facilitate recreation in wilderness 
areas is not considered to be a lower standard and therefore would be legal 
in all wilderness areas
  In the end, it is up to the people administrating any given wilderness 
areas. if the Forest Service says no power tools, then that is the way it is. In 
my opinion, that's not a very efficient way to use trail maintenance funds 
especially when they haven't got much to begin with. What's a person to do when he 
is opposed to budget cuts for agencies responsible for foot powered 
recreation, and then comes across a trail maintenance crew wasting away the hours 
cutting one log in the same amount of time that they could be cutting ten? Ask for 
MORE money to do the same? It just doesn't make common sense, especially when 
you see trail maintenance crews within a National Park with higher standards 
saying its okay to use power tools for trail maintenance
 David C